Dar es Salaam: AG asks court to throw out Nsanzugwanko’s poll appeal
THE Attorney General has asked the Court of Appeal to dismiss with costs an appeal lodged by a former deputy minister, Daniel Nsanzugwanko, challenging the election of Zaituni Agripina Buyogera of NCCR-Mageuzi, as Member of Parliament for Kasulu Rural Constituency.
“We do not see why this court should nullify the election results and order for a by-election. This appeal is devoid of merits and should be dismissed with costs,” Principal State Attorney Obadia Kameya, for the AG, told a panel of judges comprising Justices Nathalia Kimaro, Salum Massati and William Mandia, last week.
Nsanzukwako, who was deputy minister for Information, Culture and Youth Developments, had contested for the parliamentary seat in the 2010 general elections on a Chama Cha Mapinduzi (CCM) ticket.
However, he only polled 18, 482 votes, losing to the opposition candidate, Ms Buyogera, who garnered 26,130 votes. He is now challenging a decision by Judge Haruna Songoro, who dismissed his election petition on May 30, last year, at the High Court’s Tabora Registry.
During hearing of the appeal in question, Nsanzugwanko’s advocate, Mr Constantine Ntalemwa, requested the justices of the appeal court to nullify the election results and order a by-election, alleging that the High Court judge misdirected himself on a number of issuing when determining his client’s case.
“The trial judge misdirected himself in law and fact by not properly analyzing and evaluating the evidence of the appellant before reaching his findings,” the counsel submitted.
He told the justices further that in reaching his conclusion, the trial judge failed to provide reasons why he disbelieved and rejected the evidence produced by his client, in particular on allegations given by Ms Buyogela during campaigns that he was a witch.
During campaigns, according to the advocate, the opposition MP reportedly told the electorate that his client had been involved in the killing of the former legislator for the constituency, Teddy Magayane, and that he had misused funds allocated for the development of the constituency.
However, in his response to the submissions, Mr Kameya told the justices that the trial judge properly assessed the evidence produced before him by both the parties and reached the conclusion of disbelieving the testimony of the appellant and his other witnesses.
“The trial judge started by assessing the testimony of the appellant first and expressed his doubts on whether the allegations presented were true. The judge had asked why the appellant never complained to the Ethics Committee if at all the said allegations were uttered during the campaigns,” he submitted.
Senior Advocate Majura Magafu, who appeared for the incumbent MP, concurred with the submissions by the Attorney General’s counsel, adding that the claims that his client had spoken words mudslinging the appellant during the election campaigns were hearsay and had never been proved.
“In election petitions, it is the requirement of the law that proof is beyond reasonable doubt. The High Court judge analyzed the evidence properly, not only on one side, but both the parties, and the conclusion reached was properly reached,” he told the court.
After hearing the parties in the matter, the justices said they would deliver their ruling on a day to be announced later.
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